Terms and Conditions
TERMS AND CONDITIONS
Thank you for choosing Ambrosia Cookies and Cakes (ABN 15783067015) (hereafter “Ambrosia Cookies and Cakes”, “we”, “us) to create your cake/cookies/cupcakes (“the Order”).
1. Confirming the Order
1.1 To confirm your Order, we require a non-refundable and non-transferable Booking Fee of 50% of the total price of your Order or the amount that we specify (the ‘Booking Fee’). Your Order is not confirmed until the Booking Fee is paid. You acknowledge that through booking the date for the Event, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms.
2. Payment of the Order
2.1 When you have decided on the details of your Order, we will provide you with our invoice for your Order (‘the Invoice’). This information will include:
a. Your chosen cake/cookies/cupcakes;
b. The date of delivery of your Order (‘Delivery Date’); and
c. The total price for the Order (‘Price’).
2.2 Please be aware that prices contained in any Invoice for the supply of the Order (and any services related to such Goods) are based on the costs prevailing and the specifications supplied at the time of the Quote. Subject to your rights under law, including the Australian Consumer Law, we reserve the right to vary the price if, between the time of the Quote and time at which Order is completed, costs of Goods and Services have increased.
2.3 If you would like to change any of the Order or Delivery Date, we will provide you with a new quote with the revised Order, revised Delivery Dates and revised Price.
3. Cancellation or Postponement of Order
3.1 Cancellation
3.1.1 You may cancel your Order at any time, by notifying us in writing. In doing so, the following terms apply:
a. Where you have provided fourteen (14) days notice of cancellation, your forfeit the Non-Refundable Booking Fee and all other monies paid to us will be refunded;
b. Where you cannot or do not provide fourteen (14) days notice of cancellation, no refund of monies will be provided.
3.2 Postponement
3.2.1 We will, where possible, use our best endeavours to accommodate arrangements where you require a Delivery Date change. However, where you require a postponement;
a. You must give us fourteen (14) days notice;
b. You are allowed one postponement only;
c. The new Delivery Date must be within twelve (12) months of the original Delivery Date.
Where you cannot give us the required notice or if you choose a Delivery Date beyond twelve (12) months from the original Delivery Date, your Booking will be treated as cancelled.
3.3 We may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where we terminate the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
3.4 We may withdraw our Goods and Services in some circumstances. Such circumstances include, but are not limited to, non-cooperation, changes in locations, missed appointments and late payments.
4. Changes to your Order
4.1 You may request a change to the Order at any time up to fourteen (14) days before your Delivery Date. If we need to change the prices of the Order to accommodate your change request, then we will provide you with an additional Invoice. That invoice must be paid within seven (7) days.
5. Making your Order
5.1 We offer free consultations, whether it be via email, face to face or phone. During these consultations, we will ask you for as much information as possible so as to ascertain the design of your Order.
5.2 Where measurements have been provided for arrangements, this sizing will be a guide only. Order vary in size during the baking process, this can impact the sizing of the final Order. We cannot accept responsibility for these variations in size.
5.3 While we make every effort to provide exactly the flavour, filling, decoration, size, colour, shape, and design discussed during consultations, creating the Goods is an art form and may be subject to variations.
5.4 Colour matching is not a precise science and different sugar substrates take colour differently. We will do everything possible to make substrates match to each other and to match provided colour swatches, but sometimes it is not possible to make a 100% perfect colour match and some colours are just not achievable using food grade dyes. We also cannot guarantee a match for colour sent via electronic device, as all devices display colour differently.
5.5 Where possible, all ornaments and toppers must be brought to us at least seven (7) days prior to your Delivery Date so they can be assessed for weight and stability and cake reinforcements prepared. Where applicable, if you wish to use your own fresh flowers, they should be brought to us at least twenty-four (24) hours before your Delivery Date.
6. Making Payments to Us
6.1 You must pay us the full Price for your Order (including any increases in the Price) twenty-one (21) days before your Delivery Day for wedding cakes, and seven (7) days before your Delivery Day for other celebration cakes, cookies and cupcakes.
6.2 Your Order must be paid via cash, direct bank transfer or credit card.
6.3 If you fail to pay us any amount when due, we will suspend delivery of or withhold access to any Order or stop performing any of the Services until payment is made.
7. Collection or Delivery of the Order
7.1 If you wish to collect the Order, this must be arranged at time of consultation. You are solely responsible for the safe delivery of the product and we cannot be held liable for any damage once the Order is collected.
7.2 If your Order is to be delivered by us, we will arrange with you, your primary contact or the venue coordinator the details of the Delivery of the Order.
8. General Terms for Provision of Goods and Services
8.1 We warrant to you that the Order will be made and related services performed using reasonable care and skill, however, subject to any condition, warranty or right implied or imposed by the Competition and Consumer Act 2010 (Cth) (CCA) or any other law which cannot by law be excluded by agreement, or any express provision in these Conditions, we give no warranties regarding any Order supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, we limit our liability for breach of that implied or imposed condition, warranty or right to the fullest extent permitted by law.
8.2 Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, our liability for any breach of any implied or imposed condition, warranty or right in connection with the supply of Order is limited to one or more of the following (at the election of us) - (i) replacement of the Order or supply of Order equivalent to the Order; (ii) repair of the Order; (iii) payment of the cost of replacing the Order or acquiring Order equivalent to the Order; (iv) payment of the cost of having the Order repaired.
9. Taking and Using Photos
9.1 You agree, by making your Order, that you expressly grant us permission to use photos from your Order in various forms of advertising promoting our business. Where images are provided by your photographer, appropriate credit will be given but you must warrant that you have obtained permission from the copyright owner of the photo for its use.
9.2 All creative work by us must be credited accordingly. All publications (media, print, blog, social media) must credit us as the supplier for the concept & items hired within your quote/invoice. All subcontractors/third party suppliers must also credit accordingly when using our services or Order.
10. Liability and Indemnity
10.1 Important Product Disclaimer: We are NOT an allergy-free bakery. We cannot guarantee that our products are free from any ingredients that may affect certain food allergies. We recognize the seriousness of food allergies and we recommend that you inform us of any food allergies you or your guests may have before you place your order. We will not assume any liability for adverse reactions to foods consumed or food items one may come in contact with while eating a Product provided by us.
10.2 Limitation of liability: To the fullest extent permitted by law you agree that neither us, nor any of our officers, employees or contractors, will be liable to you or any person for any Claim resulting from, in relation to, or arising out of (i) your use or inability to use our Goods and Services or the Order itself, except to the extent resulting from our gross negligence or wilful default.
10.3 To the fullest extent permitted by law, you agree to indemnify, defend and forever hold harmless us, and their officers and employees from and against all Claims, including reasonable legal costs, resulting from any breach of this Agreement or any activity related to your use of the Services, by you and any liability for any Claim, whether direct, indirect, incidental, special and/or consequential.
11. Subcontracting of Services
In the unlikely event of severe medical, natural, or other emergencies, or where, for whatever reason, we cannot fulfill yout Order, we will make every effort to secure a replacement. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Order.
12. Force Majeure
12.1 We cannot be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond my control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).
12.2 If a genuine force majeure circumstance occurs and means that the performance of our obligations to fulful the Order is impossible, we will contact you as soon as reasonably possible to notify you and our obligations to prepare the Order will be suspended. We will then provide you with a credit voucher in the amount of the Order, to be used within twelve (12) months. This voucher is not transferable to anyone else.
13. Jurisdiction
This agreement and any contract arising under it is governed exclusively by the laws of Western Australia, Australia.